[Added 3-8-1994 by Bill No. 94-2; amended 6-28-1994 by Bill No. 94-16; 1-10-1995 by Bill No.
94-25; 4-9-1996 by Bill No. 96-6; 3-17-1998 by Bill No. 98-1]
(a)
Legislative findings. It is the legislative
finding of the County Commissioners that it is necessary for the existing
and future health, safety and welfare of the public in general that
all sanitary facilities serving twenty or more single-family units
or equivalent dwelling units in separate ownership, producing or designed
to produce greater than 5,000 gallons per day of effluent or water,
be provided through sanitary service areas where such facilities shall
be owned and operated by the County Commissioners.
(b)
Required. Except as provided for in Subsection (c) hereof, wherever sanitary facilities serve, or are proposed to serve, twenty or more single-family units or equivalent dwelling units in separate ownership, producing or designed to produce greater than five thousand gallons per day of effluent or water, a sanitary service area shall be required to be established in accordance with the provisions of this Subtitle.
[Amended 10-20-2009 by Bill No. 09-7]
(c)
Exceptions. The provisions of this Subtitle
shall not apply to:
[Amended 7-26-2005 by Bill No. 05-8]
(1)
Sanitary facilities serving a shopping center as established
pursuant to the Worcester County Zoning Ordinance of 1965, a planned
commercial development established pursuant to the 1978 or 1992 Worcester
County Zoning Ordinance of the Code of Public Local Laws of Worcester
County, Maryland, or a unified development as defined in § ZS
1-103 and developed in accordance with § ZS 1-317 of the
Worcester County Zoning Ordinance of the Code of Public Local Laws
of Worcester County, Maryland, where the sanitary services provide
or are designed to provide less than fifty thousand gallons per day
and the leases place the responsibility for proper and legally required
maintenance of sanitary facilities on the landlord.
[Amended 10-20-2009 by Bill No. 09-7]
(2)
In condominiums, cooperatives, cooperative manufactured or mobile
home parks, and cooperative campgrounds, where the recorded governing
documents place the responsibility for proper, legally required management
and maintenance of sanitary facilities on the governing body and the
governing body is given the authority and power to collect funds in
order to manage and maintain the facilities and where the construction
of the sanitary facilities is accepted by the County.
[Amended 10-20-2009 by Bill No. 09-6]
For the purposes of this Subtitle the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A person or group of persons proposing the construction of
sanitary facilities to serve land which is presently vacant and undeveloped.
A measurement based upon a structure or use, existing or
planned, which produces the same amount of sewage flow or water consumption
as an average single-family residence in the service area. Any single-family
residence, not being used for any other purpose, shall be classified
as one "equivalent dwelling unit" rating.
Fee simple ownership, or a term of years in excess of seven
years or renewable for seven years or more.
[Amended 7-26-2005 by Bill No. 05-8]
Any person receiving a statement for sanitary services pursuant
to § PW 5-307. Each account regardless of number of persons
liable thereon shall constitute one rate payer.
Facilities designed or constructed for the purpose of providing
sanitary services.
A geographic area established pursuant to this Subtitle,
or legally established by the Worcester County Sanitary Commission[1] and the Worcester County Commissioners prior to the effective
date of this Subtitle, as a separate division of Worcester County
in which sanitary services are or will be provided by the County Commissioners.
Potable water production and distribution or wastewater collection
and treatment. Sanitary services may, by resolution of the County
Commissioners, include water for fire protection and the installation
and maintenance of fire hydrants to provide fire protection for the
service area or portions thereof.
[Amended 7-24-2001 by Bill No. 01-8]
A geographic area within a sanitary service area established
pursuant to this Subtitle which may have separate debt or obligations
and may have a different rate structure.
[1]
Editor's Note: The Sanitary Commission was abolished
10-5-1993 by Bill No. 93-19.
[Amended 7-26-2005 by Bill No. 05-8]
Existing sanitary service areas and existing community shared
facilities legally established by the Worcester County Sanitary Commission[1] and the Worcester County Commissioners prior to the effective
date of this Subtitle are hereby recognized and confirmed as sanitary
service areas. For such service areas and facilities, the provisions
of this Subtitle relating to the initial establishment of sanitary
service areas and construction of facilities, for facilities already
constructed, shall not apply. Except as hereinafter set forth all
other provisions of this Subtitle shall be applicable to such existing
service areas and community shared facilities. Nothing in this Subtitle
shall affect any existing bonds issued by the Worcester County Sanitary
District. Shared sanitary facilities or sanitary service areas previously
established as such and legally existing as of the effective date
hereof, and which are no longer required to be shared sanitary facilities
or sanitary service areas, may be terminated by resolution of the
County Commissioners.
[1]
Editor's Note: The Sanitary Commission was abolished
10-5-1993 by Bill No. 93-19.
Sanitary service areas shall constitute separate taxing districts
for the purpose of collection of assessments and user fees for sanitary
services provided therein. The County Commissioners may levy such
assessments, charges and fees within individual sanitary service areas
as the County Commissioners deem necessary and appropriate to provide
water and sewer services within the sanitary service area. The County
Commissioners may issue bonds to be paid from revenues of any sanitary
service area and may pledge the full faith and credit of the county
upon such bond. Funds collected within a sanitary service area shall
be maintained in a separate enterprise fund and shall be used solely
for sanitary facilities and services in such area.
(a)
Criteria for establishment. A sanitary service
area may be created only if it can be demonstrated, and the County
Commissioners find that the establishment is (1) necessary for the
existing or future health, safety and welfare of the public in general
or is in the best interest of the county at large, and (2) feasible
financially and from an engineering standpoint. A sanitary service
area may include non-contiguous parcels. Parcels wholly within the
boundaries of a service area may be excluded from the service area.
(b)
Procedure. The procedure for the establishment
of a sanitary service area, sub-area or amendment thereto shall be
as follows:
(1)
Initiation of the process for sanitary service areas or sub-areas
to be established or amended may be by petition or by action of the
County Commissioners as follows:
A.
By petition. The owner or owners of property may petition the
County Commissioners for the establishment of a sanitary service area
to serve that sub-area or amendment thereto. The petition must describe
the geographic area proposed for the sanitary service area, sub-area
or amendment. The petition shall be on such forms as prescribed by
the County Commissioners and must be signed by not less than 67% of
the property owners in the proposed service area, sub-area or amended
area. The petition shall be accompanied by a plat of the proposed
service area, drawings, maps, plans, studies, construction information
and other information as may be required by the County Commissioners.
B.
By action of the County Commissioners. If the County Commissioners
determine that the establishment of a sanitary service area, sub-area
or amendment thereto may be desirable in accordance with the criteria
in this Subtitle, then the Commissioners may pass a resolution providing
for an investigation of such proposed sanitary service area, sub-area
or amendment.
(2)
Action on Petition or Resolution. The Commissioners shall make
an investigation and evaluation of the proposal set forth in the petition
or resolution. In evaluating the proposal, the Commissioners shall
consider the following:
A.
Desirability of the facility for comfort, convenience, health,
safety and welfare of the people who will or in the future may be
served by the proposal.
B.
Feasibility of construction and operation from an engineering
standpoint as well as from an economic standpoint of the proposal.
C.
Whether or not the proposal is in the best interest of the public
health, safety and welfare of all residents of the county.
D.
Whether or not the proposal will not be unduly detrimental to
the environment of the county.
E.
Whether or not the design and operation of any facility included
in the proposal is in accordance with all required permits and applicable
standards.
(3)
Hearing. The Commissioners shall hold at least one public hearing
on the proposed establishment of a sanitary service area, sub-area
or amendment thereto which shall be advertised at least once per week
for two consecutive weeks prior to the hearing in a newspaper of general
circulation in the area of the proposed action. The public hearing
may be held in conjunction with any other public hearing required
for the approval of the proposal.
(4)
Approval/Disapproval. Following the public hearing the Commissioners
may approve the proposal and establish a service area, sub-area or
amend the same by resolution. The resolution shall specify and include:
(1) the name of the service area or sub-area; (2) a geographic description
of the service area or sub-area; (3) a description of the proposed
sanitary facilities and a plan and schedule for the construction of
the facilities; (4) the number of equivalent dwelling units to be
served in the sanitary service area or sub-area; (5) an allocation
of the equivalent dwelling units for existing parcels and for parcels
planned for development; and (6) such other matters as the County
Commissioners may deem appropriate. A copy of the resolution agreement
implementing same and a plat of the boundaries of the service area
or sub-area shall be recorded among the land records of the county.
The County Commissioners may deny the proposal if it is found that
the proposal is not necessary for the existing or future health, safety
and welfare of the public in general or if the proposal is not feasible
financially or from an engineering standpoint. Should construction
of any facilities fail to commence within ten years from the date
of the resolution, the County Commissioners may dissolve the service
area or sub-area as herein provided. The decision of the County Commissioners
shall be final. The resolution shall establish a special taxing district.
(5)
Cost and fees. In the case of a petition, all costs expended
and fees, as from time to time prescribed by the County Commissioners,
shall be paid by the petitioners at such time as demanded by the County
Commissioners, provided, however, that the County Commissioners may
determine that in a case where the petition is for the correction
of existing conditions which are hazardous to the public health and
the environment, the Commissioners may waive the fees or costs. In
addition, the County Commissioners may pay such fees and costs and
charge them to the service area or sub-area upon its establishment.
Nothing herein shall preclude the County Commissioners from making
other expenditures for studies or evaluations necessary to protect
the health, safety and welfare of the people of the county and the
environment.
[Amended 8-16-2005 by Bill No. 05-11; 12-20-2005 by Bill No. 05-15]
(a)
Extension of services outside service area. The County Commissioners may allow sanitary services to be extended
outside the boundaries of a service area to provide service by contract
to another sanitary service area, shared sanitary facility, County
project or facility, as determined by the County Commissioners. In
all such cases the recipient of such service shall fairly compensate
the sanitary service area providing service for maintenance and operation
cost and for a proportionate share of the value, as determined by
the County Commissioners, of the sanitary facilities required to provide
the service. In emergency circumstances, service may be provided to
an individual property. In the case of providing service to an individual
property, the Commissioners must determine that such service is required
because of a bona fide health or environmental emergency. The procedure
for providing service outside the service area shall be the same as
the procedure for an amendment to a sanitary service area set forth
in § PW 5-305 of this Article based upon a petition filed
by the owner or owners of the property requesting service or by action
of the County Commissioners. The County Commissioners, in order to
provide service outside the sanitary service area by contract, shall
make all of the factual findings required by § PW 5-305,
and the proposal must meet with all of the requirements of this section
as well as the requirements of § PW 5-305. In cases where
services are provided by contract outside of a sanitary service area
the County Commissioners may establish rates and fees at the time
of the resolution providing for such service. Such rates may be higher
or lower than the rate charged within the sanitary service area providing
service as determined by the County Commissioners for good cause.
All rates and fees shall be subject to the annual budgetary process
of § PW 5-310.
(b)
Temporary services. Upon a recommendation
by the Department of Public Works, in cases where it is determined
necessary, appropriate, or desirable by the County Commissioners,
temporary treatment of wastewater generated in one sanitary service
area may be provided in another sanitary service area and/or potable
water may be supplied from one sanitary service area to another sanitary
service area, provided such temporary arrangement does not exceed
three hundred sixty-five consecutive days and provided an agreement
shall be entered into between the service areas and executed on behalf
of the County Commissioners by the Department of Public Works. No
arrangement for inter-service area wastewater treatment or supply
of potable water shall be made in cases where the wastewater treating
area or potable water supplying area lacks sufficient capacity for
such service.
(a)
Construction by developer. Where the proposed
sanitary facilities are intended to serve land which is substantially
vacant and undeveloped, the developer shall be required to enter into
an agreement with the County Commissioners to provide for the construction
of the facilities. The agreement shall provide: (1) that the developer
shall secure all necessary permits for the benefit of the county,
and which may not be modified without the consent of the county, and
shall construct the facilities in accordance with all required permits
and applicable standards; (2) that the developer shall deed to the
county free and clear of all encumbrances, at the time of the recordation
of any subdivision plat or final approval of any site plan all parcels
reserved for construction of sanitary facilities; (3) that the developer
shall warrant the construction and performance of the sanitary facilities
for a period of not less than two years from the date of acceptance
by the county and shall post construction and maintenance bonds in
an amount to guarantee the warranty which in the case of a maintenance
bond shall be no more than 50% of the actual cost of all equipment;
(4) that upon completion of the facility and final inspection, approval
and acceptance by the county, the developer shall transfer all permits
and all those portions of the facility which are not already county
property to the county free and clear of all liens and encumbrances
and the county shall then assume operational control of the sanitary
facilities; (5) for a cash deposit, if required by the resolution
establishing the service area, for not less than one year of operation
including reasonable reserves for replacement; (6) such requirements
for payment of contractors and suppliers as may be required; (7) for
any construction bond required by any applicable law or regulation;
(8) for any reimbursement to developer for service provided from the
facility to third parties and any formula relating thereto; and (9)
for such other matters as may be determined by the County Commissioners
to be necessary and appropriate. The agreement shall be recorded in
the land records of Worcester County at the expense of the developer.
Any sanitary facilities constructed by the developer must be of such
a capacity to provide service for each equivalent dwelling unit reflected
on the developer's subdivision plats or site plans. The County
Commissioners may require a developer to construct sanitary facilities
of a size and capacity greater than that necessary to serve the proposed
development when that additional capacity is needed to serve other
existing parcels within the service area. In such a case, those existing
parcels shall be established as a sub-area and the sub-area shall
be liable for reimbursing the developer for its proportionate share
of the costs of the sanitary facilities constructed by the developer.
(b)
Construction by county. Where a sanitary service
area or sub-area has been established, the sanitary facilities shall
be constructed, expanded or upgraded by the county in accordance with
the following procedures.
(1)
The County Commissioners shall cause to be made such studies,
plans and specifications as may be necessary to solicit bids and determine
the actual cost for the construction and operation of the proposed
sanitary facilities.
(2)
The County Commissioners shall hold a public hearing on the
cost of the project, which hearing shall be advertised at least once
per week for two weeks prior to the hearing in a newspaper of general
circulation in the area of the proposed service area. At the hearing
the Commissioners may ask for the vote of each property owner in the
service area as to whether the project should be constructed but shall
not be bound by said vote.
(3)
Following the public hearing the County Commissioners may approve
or reject the project for construction. If approved, the County Commissioners
may advance funds or may issue bonds as may be authorized by Public
General Law, for the construction of the project. The costs incurred
in constructing the project shall be considered a debt of the sanitary
service area which debt shall be repaid through the levying of and
payment of assessments as provided for in this Subtitle.
(c)
Standards. The County Commissioners may, by
resolution, adopt codes and standards for the construction, operation
and use of sanitary facilities.
Sanitary facilities shall be operated by the Worcester County
Department of Public Works, provided that the County Commissioners
may contract with qualified private operators or enter into leases
with private operators to operate sanitary facilities.
[Amended 7-13-1999 by Bill No. 99-4]
(a)
Conditions of approval and permit issuance. No subdivision plat may be recorded or site plan finally approved
for any development in a sanitary service area until the sanitary
facilities have either been completely constructed and in operation
or the construction is provided for by agreement with the County Commissioners
and has been adequately bonded to the county. No building permit for
any structure in a sanitary service area shall be issued until the
county shall determine that the construction of the sanitary facilities
is substantially completed as determined by the County Commissioners
upon the advice and the recommendation of the County Environmental
Programs Administrator and, if the facilities are being constructed
by a developer, that the remaining work is adequately bonded to the
county. No occupancy permit shall be issued for any structure in a
sanitary service area until the sanitary facilities are completed
and are operating to the satisfaction of the county and have been
transferred to the county.
(1)
Notwithstanding the provisions contained in Subsection (a) above,
permits for no more than four model homes may be issued for any subdivision
where the proposed water supply system and/or sewage disposal system
have been approved by the Department of the Environment but not constructed,
subject to the following:
A.
The water supply system and/or sewage disposal system have been
bonded in their entirety to the satisfaction of the County Commissioners.
B.
There shall be no water supply extended to the model homes.
C.
All plumbing shall terminate at the building foundation.
D.
Model home owners/developers shall utilize the model homes only
for display purposes and they must not be either sold or occupied
for any purpose until the water supply system and/or sewage disposal
system are available to serve them. Agreements to this effect must
be signed by all owners/developers, contractors and lienholders and
recorded in the land records of Worcester County.
(a)
Service area budget. The County Commissioners
shall each year, by resolution, approve and adopt a budget for each
service area which shall specify estimated expenses of the service
area or sub-area and the assessment, user charge and accessibility
rates, as well as any other authorized fees and charges, necessary
to balance estimated expenditures. The County Commissioners may also
approve and adopt such supplemental budgets and assessments and charges
in accordance with the procedures set forth in this section, as may
be necessary to meet emergency or unexpected conditions and expenses,
including partial year budgets and levies. The expenses of the service
area may also include a portion of any consolidated administrative,
financial, engineering and maintenance expenses which are allocated
to the service area on a proportionate basis.
(b)
Assessments. The County Commissioners shall
levy assessments by resolution on all properties within the sanitary
service area or sub-area for the sole purpose of raising funds to
retire any indebtedness of the service area or sub-area incurred for
the purpose of acquiring or constructing sanitary facilities. The
assessments shall be levied uniformly on an equivalent dwelling unit
basis. If no new assessment is made, then the prior year assessment
shall continue for the ensuing year. Each parcel within the service
area shall annually, by resolution, be assigned an equivalent dwelling
unit rating based upon its actual use or, in the case of vacant land,
be assigned a one equivalent dwelling unit rating unless the vacant
land has been approved for a greater number of equivalent dwelling
units either by site plan approval, preliminary plat approval, or
other development plan approval allowing for an allocation of water
or sewer service, or other contracted agreement providing for water
or sewer service, in which case the rating shall be based upon the
number of equivalent dwelling units provided for in such approval,
plat, plan or agreement. The County Commissioners may make adjustments
in assessments in cases of lots which are determined by the County
Commissioners to be lots not intended for sewer or water facilities
or where water or sewer facilities provided in the service area or
sub-area are not planned to be extended to such lot. In the case of
unplatted areas subject to assessment on account of any such approval,
the resolution may provide for a charge per equivalent dwelling unit
of less than one hundred percent. The County Commissioners shall make
a semiannual assessment levy, at one-half the annual rate, for parcels
which first become subject to assessment or for which the equivalent
dwelling unit rating is changed, after the beginning of the levy year
and before the 180th day of the year. The assessment rate per equivalent
dwelling unit shall be made each year, by resolution, such that the
total assessment levy for that year is sufficient, but not in excess
of the amount necessary except allowing for a reasonable reserve for
uncollected assessments, to pay the indebtedness due for that year.
(c)
User charges. The County Commissioners shall
levy, by resolution, user charges for all customers in the service
area or sub-area actually connected to sanitary facilities. The user
charges shall be based upon the best available determination of the
volume of water used or wastewater discharged. The user charges shall
be set on an annual basis in an amount, when added to any accessibility
charges collected, sufficient to pay all operating and maintenance
costs of the sanitary service area or sub-area including reasonable
reserves for replacements.
(d)
Special service fees. The County Commissioners
may establish, by resolution, and charge special service fees required
to be paid for special services provided by the county. Such fees
shall be based upon the cost to the county to provide any such service.
(e)
Accessibility charges. Where the customer
base is insufficient to generate sufficient user charges to reasonably
pay annual maintenance and operation expenses, the County Commissioners
may levy, by resolution, accessibility charges for all parcels in
the service area which are not yet actually connected to sanitary
facilities. The Commissioners shall classify parcels based upon the
degree to which the sanitary facilities are considered to be readily
accessible.
(f)
Late fees and interest. The County Commissioners
may also establish, by resolution, late fees and administrative charges
required to be paid and interest charges for any assessments, charges
or fees which are not paid in the time prescribed.
(g)
Contract charges. Where there is an existing
agreement as described in § PW 5-313 hereof with respect
to sewer or water services in any service area, then in such event,
any charges as agreed to, authorized by, or set forth in such agreement,
including any charges agreed to be made to persons similarly situated
and not parties to any such agreement and specifically including all
charges included in an agreement between Worcester County Sanitary
District, County Commissioners of Worcester County, institutional
service corporation, Maryland Marine Utilities, Inc., and 589 Corporation,
dated July 14, 1987, and all exhibits thereto may be made by the County
Commissioners within that service area pursuant to such agreement.
Any such charges authorized by an amendment to such agreement may
also be made.
(h)
Discontinuance of water services. If any bill
for water service remained unpaid (1) after sixty days from the date
of mailing for annual and semiannual bills; or (2) after thirty days
from the date of mailing for all other bills, the department shall
give written notice, left upon the premises or mailed to the last
known address of the owner, that the water service will be terminated
in ten (10) days and not reinstituted until said bill, late fees,
interest and a reconnect fee of fifty dollars have been paid.
(i)
Collection of unpaid charges. Unpaid assessments,
charges and fees shall be collected in the same manner as real estate
taxes, shall constitute liens in the same manner as real estate taxes,
and shall be subject to all laws with respect to real estate taxes.
(j)
Public hearing. Before adopting any resolution
establishing or changing any assessment rate, user charge rate or
availability charge rate, the County Commissioners shall hold a public
hearing, which hearing shall be advertised at least once per week
for two weeks prior to the public hearing in the area of the service
area, on said rates at which hearing the property owners and customers
shall have an opportunity to be heard regarding the service area budget
or the proposed rates.
(k)
Interim forms of assessments and charges. In addition to the other powers set forth in this section, the County Commissioners may, in lieu of assessments based upon equivalent dwelling units as provided for under Subsection (b) hereof, levy benefit assessments, in the West Ocean City Sanitary Service Area, for the year 1994/95, by resolution, based upon front footage in accordance with existing formulae or systems.
(l)
Continuation of budgets and assessments. In
the event the County Commissioners do not adopt a budget or make an
assessment for a service area or service areas, the prior year budget
and assessment shall continue for the ensuing year in that service
area.
(m)
Assessment appeals. Any person alleging an
error in the application of the criteria or standards used in determining
the number of equivalent dwelling units assessed, or in the calculation
of some other method of assessment allowed under the provisions of
this section, or the procedures adopted to implement the assessment
system, shall be entitled to appeal, in individual cases, such assessments
to the County Commissioners within such time periods and in accordance
with such procedures as the County Commissioners may from time to
time adopt by resolution. There shall be no appeal from the assessment
methods or procedures. In the event of a reduction in assessment,
the property owner shall be entitled to a refund for the then current
year only.
Where the County Commissioners determine that a sanitary service
area or sub-area is no longer necessary based upon the criteria set
forth in § PW 5-305(b)(2)A through § PW 5-305(b)(2)E,
the sanitary service area or sub-area may be dissolved in accordance
with the procedures in this Subtitle for establishment.
Nothing contained in this Subtitle shall be construed to limit
or diminish any other powers or authority relating to the provision
of water or wastewater service granted to the county under the Environment
Article of the Annotated Code of Maryland or any other provisions
of public general law. Where such other powers are in conflict with
provisions of this Subtitle then the provisions of this Subtitle shall
govern without any such limitation.
Nothing in this Subtitle shall abrogate or amend any such terms
of any legally enforceable agreement entered into between any developer
or sanitary service area and the Worcester County Sanitary District
or the County Commissioners enforceable and in effect on the effective
date hereof (including, but not limited to, the agreement made on
the 25th day of November, 1997, by and between MH Utilities Corporation,
Mystic Harbour Water and Wastewater Services, Inc. and the Worcester
County Commissioners) to the extent that the provisions of this Subtitle
are in conflict with matters specifically and directly addressed in
said terms, otherwise the provisions of this Subtitle shall apply.
Specifically, however, where such agreements provide for transfer
of facilities, expansion of service areas, or service outside service
areas, then the provisions of the agreement shall govern.
Any person who has been denied a permit, license or approval
by any county department or official acting pursuant to this Subtitle
may, in writing within 30 days of such action, apply to the County
Commissioners for a review of such action. The Commissioners shall
provide the applicant with a right to be heard thereon upon at least
15 days notice. The decision of the Commissioners shall be final and
not subject to any appeal to any board or court.